McMillian v. State

On March 24, 1993, the appellant, Marvin Bernard McMillian, was convicted of attempted murder. On April 9, 1993, the trial court sentenced him, as a habitual offender, to serve a term of life in prison. See § 13A-5-9(b)(3), Ala. Code 1975. We affirmed his conviction in an unpublished memorandum and issued a certificate of judgment on September 1, 1998. See McMillian v. State, (No. CR-96-1485) 738 So.2d 933 (Ala.Crim.App. 1998) (table). On February 8, 2005, the appellant filed a Rule 32 petition, challenging his sentence. After the State responded, the circuit court summarily dismissed the…